Child Care Solicitors

It is very important for those who may be considering separation, or are separating and believe that they may be eligible for legal aid that they seek our advice & assistance before the 31st March 2013.

At this time of year many of us are looking to the future and maybe considering changes in our personal lives which affect our families.

The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which comes into force on the 1st April 2013 means the end of legal aid for many, if not all family cases. In particular those relating to Residence of children (or “custody”), contact arrangements, Prohibited Steps Orders (to protect a child being removed from the care and control of their primary carer or out of the jurisdiction) and to deal with other specific issues which may arise in respect of children.

Legal aid also ceases for cases relating to family finances which inevitably need to be resolved when parties separate. These cases are those relating to the former matrimonial home, others assets within the marriage including Pensions and maintenance. Also properties/assets owned cohabiting partners.

By Savita Sharma
Legal aid will continue on these types of cases if the person is a victim of “domestic abuse”. However, falling within the Government’s definition of this will not be easy. Justice is not only for the rich but for all of us in society and it is essential that the public are able to avail themselves of legal services if the need arises in family and children cases.

So what is “domestic abuse” and how do you prove it?

After much lobbying, on the 18th September 2012 the government widened the definition of domestic abuse. From just physical abuse, the definition includes emotional abuse, financial abuse, coercion or control and the isolation of a victim from family and friends. Therefore acts such as preventing partners from leaving the house or access to a phone or psychological cruelty are now included.

It has been well documented that victims of domestic violence often do not come forward to prosecute their perpetrators for a number reasons. As such, obtaining evidence of convictions or Injunctions may be difficult. Just because you do not have this does not mean the domestic abuse did not happen.

For victims to fall within the exemption of the domestic violence, they will have to show a conviction or a caution against the perpetrator. Also a fact finding in a civil matter will suffice. If that is not available, they will have to show evidence from a doctor or a medical report confirming that a doctor has examined the victim in the last 24 months and is satisfied that the victim has had injuries or a condition consistent “with those of a victim of domestic violence”. Letters from health professionals involved with the victim or from domestic violence support organisations may also be relied upon.

Unfortunately there will be a real issue for those people who do not fall within this exemption but also have limited financial resources to pay for legal advice. There will simply be no legal aid available to deal with applications in respect of children and financial applications after April 2013.

We at Duncan Lewis, have a Family Department that offers a glimmer of hope. We have always maintained that legal services should be available to everyone in society, not only for those who can afford to pay. We are avid supporters of Legal Aid and our work with the Legal Services Commission (soon to be Legal Aid Agency) has helped us to be proactive in assisting all clients.

Our Family and Child Care Department has 85 staff, spread over 7 offices across London who specialise in this type of work. Most if not all the solicitors are accredited Panel members of either The Law Society or Resolution. We have the expertise to help and it is very important for those who may be considering separation, or are separating and believe that they may be eligible for legal aid that they seek our advice before the 31st March 2013.

If you would like to book a free 30min consultation with one of our Family team, please call us on 0207 923 4020 or email: familydept@duncanlewis.com.